Common use of Schedule 19 Clause in Contracts

Schedule 19. E a. The title of this Schedule 19.E is hereby deleted in its entirety and replaced with “AML Services; Identity Theft Prevention Services.” b. Paragraph 1.1 is hereby deleted in its entirety and replaced with the following: “In order to assist the Trust with the Trust’s anti-money laundering (AML) responsibilities under applicable AML laws and regulations, including the Bank Secrecy Act, as amended by the USA PATRIOT Act of 2001, the customer identification program rules jointly adopted by the Securities and Exchange Commission and the U.S. Treasury Department and other applicable laws and regulations relating to the prevention of money laundering and terrorist financing (collectively, “AML Laws”), DST AMS has implemented risk-based AML compliance procedures (“AML Procedures”) reasonably designed to comply with AML Laws. DTS AMS’ AML Procedures among other things: (i) promote the detection and reporting of potential money laundering and terrorist financing activities, and to assist the Trust in complying with the Trust’s obligations under the AML Laws; and (ii) assist in the identification and verification, and other required customer due diligence (including but not limited to the identification and verification of beneficial owners), of persons opening accounts with the Trust and determine whether such persons appear on any list of known or suspected terrorists or terrorist organizations. The Trust has had an opportunity to review the AML Procedures with the Transfer Agent and desires to implement the AML Procedures as part of the Trust’s overall AML program (the “AML Program”), and, subject to the terms of the AML Laws and this Agreement, delegates to the Transfer Agent the day-to-day operation of the AML Procedures on behalf of the Trust. The Trust also delegates to the Transfer Agent the authority to report suspicious activity (i.e., shareholder activity that would require the filing of a SAR (as defined herein) with the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN)).” c. Paragraph 4.1(k) is hereby deleted in its entirety and replaced with the following: (i) Take reasonable steps to verify the identity of any person, or of any beneficial owners of such persons, seeking to become a new customer of the Trust and notify the Trust in the event such person or beneficial owner cannot be verified, (ii) Maintain records of the information used to verify the person’s or beneficial owner’s identity, as required, and (iii) Determine whether the person or beneficial owner appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust by any government agency;” d. Paragraph 4.3 is deleted in its entirety. e. Schedule 19.E is hereby amended by adding the following as a new Paragraph 5: “DST AMS, pursuant to Regulation S-ID, has adopted and will maintain a program of policies and procedures that are reasonably designed to assist each Trust, and each of its respective series, in the detection of patterns, practices, or specific activity that indicates the possible existence of identity theft (such activity, “Red Flags”) that may arise, including in connection with the performance of DST AMS’ responsibilities and obligations under this Agreement. DST AMS shall (a) assist the Trust and the Funds in their compliance with Regulation S-ID and other laws, rules and guidance relating thereto, and (b) report any detected Red Flags to the Trust. In addition, in light of the role and responsibilities of DST AMS as transfer agent pursuant to the Agreement, the parties recognize that it is appropriate to delegate to DST AMS responsibility of administering certain mutually agreed upon portions of the Identity Theft Prevention / Red Flags policy of each Trust, and DST AMS accepts that delegation.”